Chap. 389.—An ACT to amend and re-enact an act entitled “an act to provide
for the working and keeping in repair the public roads and bridges of Rich-
mond county,” approved January 22, 1898.

Approved March 14, 1908.

1. Be it enacted by the general assembly of Virginia, That an act
entitled “an act to provide for the working and keeping in repair the
public roads and bridges in the county of Richmond,” as approved by
the acts of Assembly of eighteen hundred and ninety-seven and eighteen
hundred and ninety-eight, be amended and re-enacted so as to read as
follows:

§1. The management and control of all roads in the county of Rich-
mond shall be placed under the direction of the board of supervisors of
the said county, who are hereby constituted a road board for the purpose.

.§2. The roads in the said county shall be worked by contract and to
that end the said board shall cause the said county to be divided into
certain road districts by proper metes and bounds.

§3. In the months of April and May, in the year nineteen hundred
and eight, and every five years thereafter they shall let to contract the
working and repairing of the roads in the said road districts, including
the building and keeping in repair the bridges in the said road districts
(except such bridges as may be excepted as hereinafter provided), to the
lowest responsible bidder, after giving due notice that sealed proposals
will be received for the working and repairing of the said roads and
bridges. The said board shall have the authority to reject any or all
bids offered, and to make such contracts with reference to the working
and repairing of said roads and bridges as the said board may deem best
to promote the interest of the county; and in case said board fails to
secure a responsible bidder for any district the roads in such district
shall be worked by hiring, or in such other manner as the board may
deem advisable, until a contractor be found for such district.

§4. Before advertising for bids as above directed, the said board of
supervisors shall except from the contract of letting such bridges as in
their judgment should be built and kept in repair by special contract
and out of the general county levy; and in their advertisement they
shall enumerate the bridges that will be excepted from the contract of
letting; and the bridges so excepted shall be built and kept in repair
under the directions of the said board of supervisors, and paid for out of
the general county levy.

§5. The said contracts of working and repairing the roads and bridges
as prescribed in section three shall go into effect on the first day of
June, nineteen hundred and eight, and shall run for five years thereafter.

86. The said board is empowered to annul any or all contracts under

this act, for cause. The said contractors shall be paid monthly, but
before any warrant is drawn in his favor the said board must be satisfied
that the work has ,been done according to contract, and this fact must
be ascertained by a previous examination of such roads, by one or more
members of the board, or in any other way the said board may deem best
to get the desired information; and when the said board is satisfied that
the roads have been worked and kept in repair during such period, then
a warrant shall be drawn in favor of such contractor.

§7. The board of supervisors shall make each year a general levy to
cover the expenses of opening new roads, building and keeping in repair
bridges, and purchasing whatever teams, wagons, machinery and equip-
ments they may deem necessary, and they shall also make a special levy
in each district, as now provided by law, for working and keeping in
repair all roads and bridges, not herein above excepted, in each district,
which in addition to whatever capitation tax may be levied for road
purposes in the respective districts in the said county, shall be known as
the district road fund, and the same placed in the hands of the supervisors
of the respective districts as hereinafter provided.

§8. The county treasurer is hereby required to deposit the respective
district road funds now in hand, and all such funds coming into his
hands in the future upon collection, rendering quarterly statements of
the same to the supervisors of the respective districts, in a bank to be
designated by the judge of the circuit court of Richmond county, to the
credit of the supervisor of the district from which the said fund shall
have been obtained, in his official capacity as supervisor. And when the
said district road fund shall have been so deposited, it shall be disbursed
only upon check, signed by the said supervisor, in his official capacity as
such. :

Upon the death, resignation or other discontinuance in office, of the
supervisor of any district, the bank, which shall have been designated as
the depository for the district road funds, is hereby authorized and
directed to transfer whatever funds may remain in the said bank to the
credit of any such district supervisor at the time of his death or resigna-
tion, or other discontinuance in office, to the credit of his successor in
office, upon satisfactory proof of his qualification as such successor.

§9 Each supervisor, before engaging in the duties imposed upon him
under this act, shall enter into bond before the clerk of the circuit court
of Richmond county, in the sum of five hundred dollars, for the proper
distribution of funds coming into his hands.

§10. The board of supervisors may authorize to be paid, from time to
time, out of the respective district road funds, such allowances as a
majority of the board may deem necessary for services in keeping the
road accounts, or any other incidental expenses for road purposes, not
to exceed forty dollars per annum in each district.

§11. The contractor shall have the right to open all necessary ditches
for the purpose of draining the public roads through the lands of the
adjacent land owners, except that no ditch or drain shall be cut through
the yard attached to any dwelling house without the consent of the
owner. And any person who considers himself damaged by the
opening of such ditches, may present his claim to the board of super-
visors for payment, who may allow the same if in their judgment proper,
or such proportion of the same as they may deem just.
The land owner, if he chooses, may refuse to accept the amount al-
lowed him by the board, and may apply to the circuit court of the county,
and the court shall appoint three disinterested freeholders, who shall
view the premises and assess the damages and report to court for con-
firmation. Unless the court be of the opinion that the amount allowed
is excessive, it shall confirm the said report and direct the payment of
the amount allowed out of the general road fund, along with the sum
of one dollar per day to each of the freeholders, as a compensation for
their services. Provided that should the freeholders report the same
amount or less than the board of supervisors had previously offered to
pay, then the land owner is to pay the freeholders one dollar each per
day, and all the expenses of the said inquiry. After any such drain or
ditch shall have been so opened, any person who fills up the same, or
causes it to be filled up, shall be liable to indictment, and upon conviction,
to a fine of not less than five dollars nor more than twenty dollars
for each offense. ‘

§12. The general road law shall be in force in Richmond county in
so far as it is not in conflict with this act.

§13. An emergency existing on account of the need of immediate
work upon the said roads, this is declared an emergency act, and shall
be in force from its passage.